The Legal System of Delegation in Administrative Domain (A Comparative Study)

Abstract

  Abstrac : The holder of domain has to exercise the authorities granted to them by law personally, in accordance with their position and the legal procedures and forms specified. But, in certain situations, practical necessities may lead to the delegation of some authorities.

In the context of this study, administrative delegation can be understood as the process by which an administrative chairman, through a decision, entrusts some of their powers derived from the law to another administrative employee to exercise independently without needing to refer back to them. This delegation serves to ease the burden on the administrative chairman, who is often responsible for a wide array of powers as defined by the law.

Administrative delegation is one of the most important legal tools for advancing and enhancing administrative work. It frees the administrative chairman from less significant routine tasks by assigning them to subordinates, thus allowing the chairman to focus on more critical responsibilities, such as setting work policies, coordinating tasks, and evaluating the performance of subordinates.

Accordingly, this study addresses various aspects of the legal system of delegation in administrative jurisdiction, including its definition, forms, distinguishing features from similar legal systems, and its regulatory mechanisms in Iraq and comparative legislation. The study also discusses the conditions for its validity, aiming to establish a balanced legal framework that maximizes the benefits of delegation while minimizing its risks. This is achieved through the adoption of a comparative analytical approach.

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